The case provides a structured taxonomy of five categories where an offender's prior good character may receive diminished weight in sentencing: (1) where a statutory provision applies; (2) where the period of previously unknown offending is of such magnitude that good character cannot be found; (3) where good character or professional standing facilitated the offence; (4) where the seriousness or prevalence of the offence elevates deterrence and denunciation; and (5) where the heinousness is so extreme there is no scope for mitigation. However, these categories must be applied with caution and by reference to the evidence — a finding that good character facilitated the offence requires an evidentiary foundation. A federal sentence under s 19(3) of the Crimes Act 1914 (Cth) may be ordered to commence during the non-parole period of a State sentence, not only at its expiration.
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